Study Notes on the Constitutional and Political Development in Pakistan (1947-1956)

Course Overview

  • Subject: Pakistan Studies

  • Focus: Constitutional and Political Development in Pakistan (1947 to 1956)

Governor Generals of Pakistan

  1. Quaid-e-Azam Muhammad Ali Jinnah

    • Term: 15.08.1947 to 11.09.1948

  2. Khwaja Nazimuddin

    • Term: 14.09.1948 to 16.10.1951

  3. Malik Ghulam Muhammad

    • Term: 19.10.1951 to 05.10.1955

  4. Major General Sikandar Mirza

    • Term: 06.10.1955 to 22.03.1956

Prime Ministers of Pakistan (1947 to 1958)

  1. Liaquat Ali Khan

    • Term: 1947 to 1951

  2. Khwaja Nazimuddin

    • Term: 1951 to 1953

  3. Muhammad Ali Bogra

    • Term: 1953 to 1955

    • Involvement in SEATO and CENTO

  4. Chaudhary Muhammad Ali

    • Term: 1955 to 1956

    • Significant for the Constitution of 1956 and the One Unit Scheme

  5. Hussain Shahid Suherwardy

    • Term: 1956 to 1957

    • From East Pakistan

  6. Ibrahim Ismail Chandrigar

    • Term: 1957 to 1957

  7. Malik Feroz Khan Noon

    • Term: 1957 to 1958

    • Martial law imposed

    • Total of 7 Prime Ministers up to 1958

Constitution of Pakistan

  • Definition: A constitution is a set of rules and principles specifying how a country should be governed.

  • Is essentially a collection of laws guiding a country's governance.

  • Divisions: After independence, a clear division emerged between Liberals and theocrats regarding the future constitution.

  • Characteristics of the Constitution:

    • Written and codified

    • Rigid constitution (25 amendments till now)

    • Different versions framed in 1956, 1962, and 1973

Constitution-Making Process (1947 to 1956)

  • Interim Constitution of Pakistan:

    • The modified Government of India Act (1935) served as the interim constitution in 1947.

  • Constituent Assembly:

    • Formed on July 26, 1947.

    • First session held in August 1947.

  • Basic Principle Committee (BPC):

    • Established in 1949 to formulate the principles guiding the constitution.

    • Process involved in drafting included:Objective Resolution adopted on March 12, 1949.

Objective Resolution

  • Proposed by Prime Minister Liaquat Ali Khan, emphasizing the ideological foundations of the future constitution, based on Islamic faith and democracy.

  • Key Provisions:

    • Sovereignty belongs to Allah.

    • The state shall exercise authority through the chosen representatives of the people.

    • Principles of democracy, freedom, equality, tolerance, and social justice must be observed as per Islamic teachings.

    • Fundamental rights guaranteed.

Key Provisions of the Constitution

  • Asserted that Muslims should be able to order their lives according to Quranic teachings.

  • Adequate provisions for minorities to practice their religions and develop their cultures.

  • Establishment of a federal structure.

  • Guarantee of fundamental rights.

  • Independence of the judiciary emphasized.

  • Faced criticism from various societal sections.

Basic Principles Committee (BPC) Composition and Drafting

  • Composed of 24 members.

  • Formed sub-committees focusing on:

    • Federal and Provincial Duties

    • Franchise

    • Judiciary

    • Fundamental Rights

  • First Draft (BPS) of 1950:

    • Included the Objective Resolution as a preamble.

  • Proposed Legislature Structure:

    • Bicameral:

      • Upper House (House of Units):

      • Equal representation of units; 100 members in total.

      • Lower House (House of People):

      • Population-based representation; 400 members in total.

    • Head of State elected for five years by a joint session of the legislature.

    • Urdu designated as the national language.

The Bogra Formula (7 October 1953)

  • Muhammad Ali Bogra initiated discussions for a workable constitution.

  • Legislature:

    • Bicameral structure maintained with specified seat distribution:

      • Upper House: 50 seats equally among 5 units (East Bengal, Punjab, NWFP, Sindh, Balochistan).

      • Lower House: 300 seats allocated (East Bengal 165, West Pakistan 135).

    • Equal powers to both houses in all legislative matters.

    • Maintained parity principle between East and West Pakistan.

Continued Developments in Constitution Making

  • 2nd Constituent Assembly (1955):

    • Members to be elected indirectly from assemblies.

  • One Unit Scheme (1955):

    • All western provinces unified into a single unit on October 30, 1955.

    • Aimed to balance representation between the two regions of Pakistan.

    • Assisted in successful constitution-making process.

  • The Second Constituent Assembly approved the work of previous committees on January 9, 1956, leading to further amendments.

  • Promulgation:

    • The Constitution was passed on March 23, 1956, establishing Pakistan as an Islamic Republic.

Main Features of the 1956 Constitution

  • Established Pakistan as a Federal Republic.

  • Declared as the Islamic Republic of Pakistan.

  • Affirmed sovereignty of God Almighty.

  • Head of State required to be a Muslim.

  • Implemented a Parliamentary form of government.

  • Described as a less rigid (flexible) constitution.

  • Described a detailed list of fundamental rights guaranteed.

  • Proposed an independent judiciary.

  • Outlined three lists of subjects delineating powers between central and provincial governments.

  • Declared Urdu and Bengali as national languages.

  • Stipulated rights of minorities.

  • Proposed to establish an Islamic Advisory Council.